The Sun. — London, England, 1818-07-16 00:00:00

-LAW INTELLIGENCE. `COURT OF CHANCERY, JULY 15. 'FINAL DECISION OF LORD sTEWART'S CASE. The LORD CHANCRLLOR came to Lincoln's Inn Ilan et ten o'clock, and was for some time oc copied in his private room. Ile took his seat at hail-past ten. The Court was much crowded, in expectation of the fin-4 result. it tieing generally understood that Sir Samuel as Counsel fur Mrs. 'favlor the goardiao of Lady Vane Tem pest, would this morning intimate whether Mrs. Taylor intended to appeal, or not, to the Muse cif Lords. Sir Samuel happened, however, at this moment to be engaged in' a case before tile Vice- Chancellor ; but Sir Arthur Pigot, one of Lord S'ewutt's Counsel, Was present, with Messrs. 1; art and Horne. also engaged in the case. • Sir ARTHUR PTGOT then said, that he had con sulted with the Counsel on the other side, and understood from them, that it was the fixed deter mination -of Mrs. Taylor, the Hula of the ruing Daily, and one of her guardians, to appeal from leis Lordship's decision to the House of Lords. — From the circumstances of the case, it was par tienlatly desirable that the appeal should he heard as quickly as possible ; bat it eoirld not in any way proce.ed till his Lordship had lot wally made ont the order. The Lain Cu Atqcvt-Lort —You may, therefore, take the order that the Master's report; finding that this is not - s►n oper Marriage, is by me confirmed; at ►he same time let the entry of ap• peal be inserted. I am of opinion that the mar riage must be restrained, under the present cir cum“ances, till the decision of the House of Lords be known. NVith respect to the other re straints, they had as well he put an end to, as I don't see any reasonable- cause fur their being continned. Sir A. PIGOT —1 Should suppose, my Lord, that the Master ma y , in the mean time, never theless proceed wish making out the proposals of. bettlvnient. The LORD CHANCELLOR. - - Certainly. I can see nothing to prevent hiin gOing on with that ; but let it be understood that he does so without prejudice. Sir S. ROMILLY at this moment came into Court, and addressing his Lmdship, said, " I am, my Lord, desired by Mrs. Taylor to inform your Lordship most respectfully, that it is her in tention forthwith to appeal to the House of Lords, from the decision now given by your Lordship." The LORD CHANCELLOR.—I was just informed of this, Sir Samuel, before you came into Court, by Sir A. Pigot. lam particularly glad that you have adopted this coiirse, because, in a case so raitiful to me in every point of view as this has been; I shall have the heartfelt satisfaction of be- . ing set right by the House of Lords if I ant wrong. pafant•as the ,consitieration of this case has been to my own mind, I am happy to ti►i►►k that a su perior tribunal will have it ii► their power to re view'my judgment, and that any error or inad vertency I have been guilty of will be there re dressed:, I •lattYte just stated fo Sir Arthur I'igot Ycloitrshould . be done, anti I do really.think.l am injustice bot.nd to restrain the marriage in the mean time. This is the best thin; I can possibly do for the parties...--Take the order• as I have mentioned it, and let it be drawn up forthwith.• SirS. Rommt.Y.—Then this is your Lordship's opinion. The LORD CHANCRLLoR.—It is ; and I really feel 1 must restrain this young Lady from trim y log 'Lord Stewart, till the decision of the House of Lords be known. Thus the case IS decided, and the marriage pre- Tent - ed'ffli the Manse of Louis decide it. MAItRIAGE SETTLEMENT. IsCNNEDY AND OTHERS V. THE EARL OF CASSILIS -AND 01.HEI1S. This was an application to dissolve an injunc tion. The facts connected with it were as fol low :—Lord Kennedy, the eldest son Of the Earl of C-Heilk, paid his addresses, towards the latter end of the year 1813, to Miss Ellen Allardice, a young lady, at. that time 17 years of age, residing in Aberdeen, and beirei.s to a very considerable property-30,0001. in Bank Stock, and landed estates in Scotland to the amount of between 30001. and 40001. a-year. Lord Kennedy was then 19 years of age ; and his addresses hav ing been encouraged by the young lady, as %yell as her mother, with whom she lived-, he com municated his wishes on the subject to his fattier, who resided in Loudon. The mother lost no time in informing Mr. lunies, one of her danghter's guardians, and he in consequente came to'Lon don, for the purpose of making with the Earl of Cassilis the proper arratigenients previous to the marriage. The Earl of Cassilis constantly pro fessed' that money was no object either with him,- self or his son. It happened, however, that there were many - difficulties in the way of a final settle ment.- Various sets of propositions were Made by Lord Cassilis,none of which were agreed to by Mr. Innies. The last set of propositions made by the, Earl of Cassilis, declared that Miss Allardice should :have 10001. a year dui iog the marriage to her sole and separate use—that if she should survive Lord Kennedy, this annti.ll shin shotild be increased — that -her mother's (Mrs. Allardice's) jointure should be increased from 6001, a year, which it then Was, to 10001. a year ; and that the horse in Aberdeen should also be settled upon her. It was propoited, that 1500/. of the Bank Stock should be applied to parchase lands, in order to produce the 10001. a year for the sole and separate use of Allardire ; and that the - remainder of the real and personal property should he settled on the issue of this marriage. While these 'propo sitions were. under the' consideration of Mr. lonics, Lord Kennedy was in Aberdeen. It w,s now about the end of April, 1814. He was anxious to hasten his marriage with Miss Al lard cc : he told her of the propositions which had Been made: he . c) t If believed that all the ne•- cesshry deeds were in preparation, and, as the lady pet.ectly satislitsd with the propositions, she .c as prevaded two to marry Lord Kennedy, avid, a(cordit4,ly, the mikiti:tge was solemnized on t h e 1,1- M a y. Suite tinta,after this, a mar . , liai;c-acttictimrit was made, which varied very . tonsiiierAty froth fire propositions, particularly with regard to the : 10001. a-year to Lady -Ken nedy's sole Arid separate use. For thiS was sub stituted 10001. •atter the death . of Lord Kennedy ; or in case any misfortune should cause a separation. These were the facts, according to the statement of Mr. mimics, Since the marriage of Lord and Lady Kennedy, as oott as the latter attained the age of 21, att action was Cow menertl by Lord Cassilis in the Court of Session in Scotland, the object of which was, in the first place, to obtain a conveyance, trout Mr. Innies, of the 30,0001. in stock, %Otte!) stood in the Bank of England in his name ; and, in the next place, to compel Mr. monies, who was all along the active gmndian, to give in an account of his management of the property during the minority of the lady. As soon as these proceed ings were commenced, Mr. Innies applied to the Court of Chancery for an injunction to restrain them, which ihjunction was granted, upon an ex parte hearing, six months ago. • It was t o d I ssolve this injunction that the present application was made. ..... The application was supported 'chiefly on the ground that it was not competent to the Cowl of ChAneery here to restrain proceedings in the Court of Session in Scotland. The Court of Session was itself a Court of Equity; it was independent of the jurisdiction of any other Court, save that of the House of Lords. It the Court of Chancery could issue an injunction to restrain proceedings in the Court of Session, the Court of Si ssion would have au equal right of issuing an interdict to inhibit proceedings in the "Court of Chancery. Such an inter;.ositioo was expressly in violation to() of the Act of Union. The application was resisted on the ground that the Court possessed the jutisdiction, because the Bank Stock was in England. The parties who made the contract, so far as it was made, were, with the exception of Mr. Ivries, domicile subjects it) England, and the matter was nego tiated in England. The Court of Session in Scot !mid could not make any order by which the Batik of England would be effected, and therefore that Court was not competent to take cognizance of the matter. The merits of the case were then gone into, in order to support the injunction. — Doubts were suggested as to the terms of Lord Cassilis's final propositions, and it was - therefore hoped, that if the Court should dissolve the in junction, it would at least dived an inquiry to be made to asc<rtaio what were really the tel of the final propositions. - It was re-urged on the adverse side, that the in junction was originally obtained in miler to pro tect Intlies from gi%ing in his accounts. The LORD CHANCELLOR was of opinion, that no principle was famished against the jurisdic tion of the Court of Chancery. because the pro perty in question could be affected by its order alone. It was, in ifs national character, English property. The defeudants to the present Bill were also English domicile subjects. It was the object of the suit in Scotland to compel lollies to give in his accounts, and to convey to Lord Ken nett"), the Batik Stock. The injunction was ob tained on the part of the children of Lady Ken nedy. iejury could he done to the children by the Scot<it snit, as the Court of Session, while it might compel lonies to give in his accoonts, could not make any order which the Bank of England Dula be obliged to obey. The other trustees of the property were not, it appeared, made parties to the suit in Scotland ; but even if lonics and they consented to convey the stock, still, on the part of the children, it ii as competent to the Court of Chancery to enjoin the Bank of England not to transfer the stock in question. Although the Act of Union ought, certainly, to be considered as sa cred, yet cases tmight arise in which it would be impossible for the Court of Session to proceed with effect, if it were not aided by the Court of Chancery here, and vice versa. His Lordship concluded svith ordering the injunction to be dis solved without regard to the merits of the case, and he desired the order not to he understood as giving any encoarngettletit whatever to the other Trustees to join in making a conveyance of the Bank Stock. - BRIGHTON COAL DUTIES. ATToRNEY-GENERAL V. BRoWN. Mr. Honis:c.--In the cause of the Attorney- General u. Brown, I am hombly to move your Lordship, that the defendants hive a week after the commencement of the next Session of Pat!la ment to putt in their answers. I make this too• tion in conformity with the Order of the House of Lords, which directs, that when there is an appeal, the Court below shall allow defendants ,► week's time after the meeting of Parliament to file their Answers. LORD CHANCCLLoR.—Take the order. I We are authorised to state, that since the MEDICAL, lloitßD has been established at Char lotte-llouse, Great Charlotte-street, opposite the Rev. Rowland Bill's Chapel, and Woodstock street, adjoining New Bond -street, upwards of Thirty Thousand Patients of both Sexes have been restored to perfect health, many of whom had lingered for years under the most painful and ob stinate diseases, were pronounced incurable by respectable practitioners, and several discharged front nospitals.—Such are the effects resulting front combined - talents! !—Messrs Coo Part and Co. of Medical and Surgical celebrity, after forty years expt'rience in this metropolis, are consulted daily at built houses until pine at .night, and the poor have advice gratis, Ott Tuesday, Thursday : , and Sunday mornings, until Twelve o'Clock.— Patients at a distance, describing their•ease, im mediately attended to —All letters to be directed to .Charlotti-House, Blackfriat s'-road, but none are answered which do not contain a .consulting fee. Mr. EDWARDS, of Bishopsgate-street, crossing the fields leading front Bethnal-green to ()!d Ford, about ball past 1.0 on Monday evening, was met by two footpads, who presented pistols to his breast, and tAith dreadful imprecations demanded his money. Mr. EDWARDS, While pretending to take out his purse, drew a pistol out of his pocket, a n d discharged it at one :4 the robbers, n bons he wounded. The other intmedistiely knocked him down, and, after robbing ped with his COM .bitty cif all hi's esca Paffion acrois the .fiddo to wards London. rOLIcE iNTELLiGENtt. MARLBOR6Iiiiii-STREET. PAIUTAL OUTRAGE.—A COMplaiOt was ekbibited at Marlborough-street Police Office, yes , etday, against a Milly.le-hotie constable of the name of Collins, for assaulting and dangerously wounding Mr. King, who holds a situation in one of the public offices. It appeared by the statement of persons, strangers to the parties, that a drunken man was squabbling with a watchman in Dor=et• street, .when Collins interfeted, and his conduct caused Mr. King to remonstrate. Collins, with out shewing any authority, seized Mr. King, swore he should gn to the watch-house also, and struck 811(1 . 01 treated Lira. The constable next attacked, him with a bed-key, and wounded him dangerously by repeated blows about the bead, which produced blood from the ears, In this state Mr. King was conveyed home in a dangerous state, and his situation was described by a certi heart!. Collins was not to be found yesterday, but officers are in search 'After him. wonspp-sTREF:r. CHARGE OF STABBING - Ye.sterclay, Maria Derby was charged,with stabbing Joseph tlarii son, a black matt, with a knife, with ioccut to kill him. John Ward stated, that he is a music case maker residiyg French-alley, Aldersgate-street. About nine o'clock yesterday morning, he saw the prisoner and Harrison, who reside in the ne,xt house t o hint, cow ing down stairs. Harrison had a stool, on cc hich he sits e v e ry d a y, clean tug shoes at the corner of the alley, in his arms : he is a pensioner, having lust a leg in the King's service. The prisweer, who was behind him, leaned over, attemliting to cut his throat with a knife she held in her hand, and struck him in the back of the neck, and innieted.a severe gash. She at the same moment exclaimed," Take that, you -, I wish I had done it effectually." They were quarrelling in the morning, which • was their constant piactice. Witness assisted in carrying him to the surgeon in Goswell-street, who dressed the wound, and declared him in' im minent danger. They had cohabited about 9 vears. liEvit.t. ordered that proper care should be taken of the wounded man, and committed the: prisoner until his fate be known. QUEEN-SQUARE. _ EmBEzzLEmENT.---1 7 e:terdey Thomas Edge was charged wit it embezzling Various sums Of money, the property of his master, Mr. William Hervey. The prosecutor is a plumber, in the . employ of the, Gas etiaipany, Mid t esiding in New Rochester streef, Nelson-square. The prisoner was his servant, and be disehatged for neglecting his work. Since which he examined the book, and di.covered that the Prisoner had not accounted for several hills he had received from customers for his master, one of ‘vhieh was for 51. 'lime pri soner Was rentawled until all the persons of whom he had received money veil Come forward. • WaxfoaDl4eacanozi.-- , We are afraid that some blood tt ill be spilled in this - county. We have been informed by. our Correspondent, that juts before be dispatched his letter, Mr. Cot CLOUGH bad sent a message to Lord STot'roho ; a similar message from Lord VALENTIA, we believe to Mr. CAREW, had been with (tit - Unity settled The cause for these proceedings was the alleged inter ference of the parties with the tenants of each other. No such interference had been _ma to by Mr. COLCLOUGH, and he denounced it in the strongest terms front the hustings.. It seems jhat Lord STOPFORD had polled some of Mr. Gil°. GasteS tenants,a near connexion of iVir.C.oect,onott: We hope and trust that the local authorities, tvho in Wexford are not very active, we are sorry to say, on these occasions, will take - . warning by what occurred before in this county; when Mr. CoeceouGtes brother fell by the hands of the Idle Mr. AecQcx..--&-(Publitt Paper) Ditriug the linlli g for a Member for th e City of . Cot k, Sir HENRY BROW NE HAYES tendered his vote. The assessor stated that there was an ob jection to his voting, which was, that he had been convicted of a capital felony, for carrying a wo man off against her will, and that theretere to was disqualified flout voting. Sir HERBY, tt, r•- ply, said, be had obtained the opinions of the Attorney and Solicitor-General tespecting tbk, and it appeared that the only period in which he coidd have -been disfranchised teas whilst the sentence against him was extant ; and the Cor poration not having availed themselves of their power within that time, he was advised they could not do it after. Sir H RY then stated, that the Lord Lieutenant pardoned him On his -going abroad, and the Governor of New South Wales had remitted the remainder of the sentence of transportation. After a consuirettion.between the assessor and the friends of the different Cali ‘didates it was agreed to admit the vote. Sir HENRY then voted for Mr. HUTCIIINS.ON.—(BeI ' fast . News Letter) FEVER IN IRELAND --- h appears by • ate latest accounts from the South of It eland, that the fever which has raged there for the List IS months continues unabated in extent, though it has considerably lessened in its malignity. In the city of Cork alone there are three fever hospitals, itt which the number of patients On the 29th of June h;st exceeded 300. From that date to the Gth of July, about 270 were admitted, and near ly the sante number discharged. Tile number of deaths was only three, which was not an,average of one in an hundred.. It is rafter teinatkabl,!, that for the last seven or eight mouths, the fever has proved much more fatal.among the upper than the lower classes of the people. • ABREDEEN, JULY 4.—Typhus Ferer.—We are sorry to learn, that"thi; fever has made its appear- ance here. Last wi•ek five cases had - occurted in the Lunatic Hospital, three of which appeared clangermis ; but all of them now !seem convales cent, The disease is yet Mild—but it is becom ing prevalent, one-of the dispenSaries hating '2'? cases under treatment.. Free ventilation and cleanliness are amongst the , most.efficacions pre vent ives.--,(ineerneo Journal. ) A combination having taken place amongst-the colliers in the eastern part of the .county of Mid- Lothian, three ol• the ringleaders, from the upon the estate . of Wallytord„'were on Wed ncsdityse'rtnight apprehended,:and carried before theJ.ASt , yes of the Peatze,.at. Edinboigh, who, atter.examination, committeti them pyi9Oner9 to the gaol of 1-:(1::1;t!rg1). iillONOta sTOriA. CArtttsi,E, JULY 1!. —On Tuesday evening "4 • y were visited in this neighbourhood by a ve vere slom of lightning - , thunder, and rain Cr c°i; siderable . duration. ft extend:A front' Par°, over steady the whole of the northern an parts of the county. was pat tictilarly yi°l en g at Alston Moor. The lightning struck the "rl„ of ; Mr. W. Walton, and instantly killed Airs. 1 1 ' 6 ton, his wife. Nlr. W. and his daughter Werc g both struck sensess to the ground by the flash, and their recovery is yet very dooD t ' i u lf .. n ie A cow and several sheep, belonging to M r ' ton, were also killed at the t-,etne inoinent• a Grimoor UM, near this city, the lightning killet a cow, while her calf, which was stunding bY d eastern tteaped uninjuied; The same evening, bQt e:eesi five and six oci t)c , k t ,' the neighbourhood of Pennybridge and 1,;' 41 ' I wn., was visited by a most tremendous storm of e nd der Mild lightning, accompanied with a viol hurricane of wind arid rani. The electric thi struck the coping of the chimney of the dwelii"i noose of the Rev. 11. Merton ; of Coltotli '4)0,1 abet injuring the top of the Chimney, 9"lu s ir t ie have taken different directions; one part for itself through the wails into two upper r,)111';s threw the broken glass and .shattered fraifroe')- of the window-frames a considerable dis tane6o front the house ; snot/per part, descending b Y , l ed into a beii-room, had bee)) attrac7 b th• by the curtain rod, and, after shiver - tot; the pobts from top to bottom into t o,loy Pr ee n3 e9 ; " thew the brick partition into the opp ,, sie r `r ii - another part had descended br the g b I C ""a a front parlour, cutting out ;he plaster as wit - he a chissel, and from thence passing through t,o; kitchen into the cellar, heaving up the flag` . 11/ progress ; another part burst trUill foundation of the house in two separate pta gat', one at the outside of the dtvelling, Abe other ttJe the kitchen door, where the servant girl wass tsl ) l o .. ing, who was instantly struck senseless .amid .1,11'0(1 the lower part of her hu ( r , i Y, aotk: .I t er back being very notch scorched. 1.1 1 ) , ( " 1 15f' the girl has recovered the use of he r a ar.. she still lies : in a dangerous • situation. o f Ellerton's sinter, who is in a poor su de sl „ r al health, seems to have been. mercifollY by the protecting hand of Providence. 514 .„ ! juS; just risen from the bed, the posts „ 0 3 Cor'T se lf of which were so much injured, had seate a ; V : sb etali it . near the•servant, s.vithin a yard of her, c hi was struck ; though she felt hersclf raised from the floor, and supposed hers e ";:rity" typed it) a flame of file, site received no fikt"',- , a 4O jury than from the fright. Every room iti thetl( ~--1 Ivas immediately filled with a solplture oos almost insupportable. It is worthy of I°ll oo . that the fluid seems to have passed ae l f, s : 41 0 kitchen from the parlour, a yard an d a boo „rid b the floor, and through a hole of an t c h ►lir hail' diameter, in a wall of above two fe et 1.)-‘. and entered the cellar on the opposite side' lie forg D4usDput. 11111)ttreS. ",0-. f t ; l e l C a . t o e c c k t , yesterda y Act) i y n Zr D ate t Y°:4 : -.1111:1 --- ndish, 1(r, the sh t. i :r i:rt: r efr ) o, : kl e a : isliFear s i nd tt , ll George ii i . r e ; e l 7lll).ipe3it,et er plasterers, t e ti c . old, its the interior of ntirlitit,ton-liP" ere, ptt s' mining the cornices, stucco, t h e sky lights, &c. from the twrtii),eht scaffold, one of the put logs j s e n . ! i p i ttl all were precipitated to the t‘n.t.(7l() ileig.traob t, , c, stories, to the stone floor. ?Wr. \Vare re ce t iv i e se' severe contusion on the back of hi, Ar• veral braises on various parts of ~his botlY' s 0.1 Seabrook tind Mr. King also received so' ne O e bruises ; but Mr. I)lchey, we are'sorrY ( tg I lie' i 14(1 not SO fortunate an escape f,,r : 1: " I had 11,3 left leg broken in two: close to th e and before lie could he extricated front his 11-I:ets - situation, a heavy plank fell on the h el to leg anti shattered it to pieces w .,s cor ri e aid ijcsi his w B partitieuilingion-honse, aod (- sent for, when it was found ne ct sorY bor e. pntate the leg shov e t h e k nee , which Il e c " e ' t v b e tr t e e a a c t h f t ( t7t . : t e u' o l i e :l es ' s r u ( r ) y t ebrattlitrte;clls re' II consequence. c Da is. i on Tti MF.LANCIIOLY ATTEMPT AT esilay evening, a young Lady of it)tera—,eo' appearance was seen walking tab , nit th e —l (l '4 Park in a state of melancholy dejecti()%bich: reaching the reservoir, she plunged " being obscrVed by Mr. Spilsbtiry , i";r -n• 1 , wick -street, Soho, he plunged in to save '-beea' would'have failed in the attenir, had it (i i t to m for the timely assistance of another Gt=o"e'eonf Site was taken by them to Mr. Fidlei•, a' Piccadilly, who succeeded in rest ot itig 411 11 ity tion. She now lies at St. Georges lj a fair way of recovery. Julf Extract of a' Letter from ~i'latichester, tore ! I : 7 —" ‘l7ork• e. people of all descriptioas or e th ree. irig out for additional wares; °DIY factories at work in Manchester and tb e I .' ;to' hunt hood at present • the bel°1411) k it , and men , them ai'c expected to turn Out Mortualofor..* are sadly afraid that we shall have rooga,, We %vete obliged to call ant the lail mil it9. : r i +i Ipt ; all is quiet to-day, and %1 ; e "I ltl continue so." ........ _._ --- . . - . COAL, MA lIKET, July 1 5 - prices, gd.' Ships at Marlcct. Ships s .,d(l. -, i 9 il; ,-. ~,y1••' t A • 344 NCVCCASt id ioi ....... *o o '7' 1 . to Sg t, o.* 7 Sunderland. 5 ... " 5* o 'd. to ''.- 1 Cinders Ds . BIRTH. , , pi• On the cth inst. the Lady of Robert R'ollerto? Y Dessiagton-hall, Northumberland, of a iiettg l46r.. ------------- . . aged DIED. c o ily'i $ On the 14th inst. at Levton, Mist Elitabetit ' p4', .1. tstnangliter of Isaac Sully, Esq. vaiim er i t oo of On the2rl of May, at Rio de Janeiro, 1. p' o l a eiE o . 4 i ( l ,, i o t i i i t e l t l i i i o a t t is c e it i . f Messrs. r a,4 , 7„ :; l:ti.ett IV1 3(1 ' : late Da lire ' : l a i l d- i r d On Satiliday, the 1 ith ii;st , in Louisa, the infant daughter of:Hobert Bas ter ' t ~„ Or e :, ___....,_..-;_ ..----....... , .... , .. , ....r . “' 4 - Nu. '''' W.' 4 LONpON: Printed cARsT.An{s, (" che d by $ sdi t)nnw"l"strceti Queen-silintie• and Vuldi- ati'llis.chtfts* .. SCIIIPPS, of No. 7, South '.\.lolt.iii-strcetru ettri Othee No. 1 tc. , , Strand ; where Advel'6',"d., Lcttcrs i &c. tent-paid) Inuit be addr 6o ` d A L I( " Nif t 1, 1 1.• 0,43